Third Judicial Circuit Court of Michigan Filing Timing and Cure Windows

CRITICAL

Summary-disposition motions may not be heard within 30 days of trial.

No summary disposition motions shall be heard within 30 days of trial.

CRITICAL

The moving party must submit the formal order within one week after the praecipe ruling is issued.

Within one week of the praecipe ruling has being issued, the moving party is to submit an order that conforms with the praecipe and outlines any relief to which the moving party is entitled to if the motion is granted.

CRITICAL

The formal order must be submitted within one week after the judge’s bench ruling.

Once the judge gives his bench ruling, the moving party is submit a formal order that comports within one week.

CRITICAL

Attorneys must wait at least 21 days after submitting proof of service for the initial default before filing a motion for entry of default judgment.

Attorneys must allow at least 21 days from the date the proof of service regarding the initial default was submitted before filing the motion for entry of default judgement to allow time for service and a Response to be filed.

CRITICAL

Summary dispositions must be filed within 18 months of the complaint; a motion for leave is required for late filings made after December 1, 2022.

Effective December 1, 2022, summary dispositions must be filed within 18 months of the complaint. All MSDs filed after that date require a motion for leave to late file a summary disposition.

CRITICAL

The proof of service must be filed within one week after sending the motion and identify the date, method, and place of service.

A Proof of Service must be e-filed indicating the date, method, and place of service of the motion within one week of the defaulting copy being sent the motion.

CRITICAL

The final pre-trial statement must be submitted at least two weeks before trial.

It shall be submitted no less than two weeks before trial.

CRITICALCivil cases

Motions in limine are generally heard two weeks before trial, and an issue cannot be raised at trial if the proper motion is not timely filed and scheduled.

Scheduled: Generally, 2 weeks prior to the Trial date. All Motions in Limine shall be heard on this date. Failure to timely file and schedule a proper Motion will prohibit the issue being raised at Trial.

CRITICALCivil cases

A summary disposition motion must be filed within 30 days after discovery closes under the scheduling order or it is waived.

Summary disposition motions MUST be filed within (30) days of the date that discovery is closed per the scheduling order or are deemed waived. (ie if Discovery closes October 10, any MSD's must be filed no later than November 10).

CRITICALCivil cases

Deadline

3 business days

Answers are due three business days before the scheduled motion date.

Answers are due 3 business days before the scheduled Motion date (Monday before Thursday hearing)

CRITICALCivil cases

Within 56 days, the Court Reporter must submit the lower-court transcript to counsel and it must be electronically filed with the Clerk's Office and the Court's email address.

Within 56 days the lower court transcript must be submitted to counsel by the Court Reporter and electronically filed with the Clerk's Office and JudgeMcCarthy-Court@3rdcc.org.

CRITICALCivil cases

Failure to timely file the transcript will result in dismissal of the appeal.

Failure to timely file a transcript will result in dismissal to the appeal.

CRITICALCivil cases

Deadline

10 business days

Answers to summary disposition motions are due 10 business days before the hearing, and replies are due three business days before it.

Answers are due 10 business days prior to the scheduled Hearing date for Motions for Summary Disposition and replies are due 3 business days prior. Email these to JudgeMcCarthy-Court@3rdcc.org. Provide the date of hearing and case number in the subject line.

CRITICAL

If the mediator will issue an award, it must be issued within 14 days of mediation, and the acceptance or rejection period is 28 days from the award date via email; the dates must be specified.

If the mediator will be issuing an award, it must be issued within fourteen (14) days of mediation (date must be specified), and the date of acceptance/rejection period is twenty-eight (28) days from date of award via email to the facilitator/evaluator (again, date must be specified - THIS LANGUAGE IS NOT NECESSARY IF FACILITATOR IS NOT ISSUING AN AWARD);

CRITICAL

Proposed stipulated orders removing a case from Case Evaluation for private facilitation should be submitted at least 21 days before the scheduled Case Evaluation.

Yes; however, Judge Kevin J. Cox requires that all proposed stipulated orders removing a case from Case Evaluation in favor of private facilitation should be submitted at least twenty-one ('21') days before a currently scheduled Case Evaluation, and must also explicitly state each of the following, and as numbered (1-9) below:

CRITICAL

The timing requirements in MCR 2.116(G) and MCR 2.119(C) are strictly enforced.

The timing requirements set forth in both MCR 2.116(G) and MCR 2.119(C) are strictly enforced.

CRITICAL

The facilitator must file the MC280 report within seven days after facilitation, and plaintiffs must ensure it is electronically filed and served.

Facilitator shall file Mediation Status Report (SCAO form MC280) within seven (7) days of completing facilitation (date must be specified) and Plaintiff(s) are responsible for ensuring such report is electronically filed and served;

CRITICAL

Effective March 4, 2025, summary-disposition motions must be filed within 30 days after discovery closes.

Yes; effective March 04, 2025, all motions for summary disposition shall be filed within thirty ('30') days of the close of discovery. See MCR 2.401(B)(2)(a)(ii).

CRITICAL

The MCR 2.116(G) timing requirements are strictly enforced, and an untimely opposition may result in the motion being treated as unopposed.

The timing requirements set forth in MCR 2.116(G) are strictly enforced. Failure to file a timely response in opposition may result in the motion being treated as unopposed.

CRITICAL

Dispositive motions must be filed no later than 30 days after discovery closes or they are deemed waived; the discovery cutoff date must be specified.

All dispositive motions shall be filed with the Court no later than 30 days following the close of discovery (date of discovery cut-off must be specified) or shall be deemed waived;

CRITICAL

Replies must be filed and served at least three days before the hearing.

Replies must be filed and served at least 3 days prior to a hearing.

CRITICALCivil cases

Deadline

48 hours

The listed divorce and support documents must be submitted no later than 48 hours before the hearing.

Judgment of Divorce, Record of Divorce, Uniform Child Support Order, and Uniform Spousal Support Orders MUST be submitted to the Court no later than 48 hours prior to the hearing.

CRITICALCivil cases

Interpreter requests must be emailed to the Court at least 7 days before the scheduled hearing.

Interpreter requests MUST be submitted via email to the Court at least 7 days prior to the scheduled hearing.

CRITICALCivil cases

Deadline

48 hours

Responses to motions must be filed with the Clerk’s Office and emailed to the Courtroom at least 48 hours before the hearing.

Responses to motions must filed with the Clerk’s Office and emailed to the Courtroom at least 48 hours prior to the hearing.

CRITICALCivil cases

Exhibit lists, witness lists, and trial briefs must be submitted at least a week before the scheduled hearing.

All exhibit lists, witness lists, and trial briefs must be submitted electronically to JudgeElassal-Court@3rdcc.org at least a week prior to the scheduled hearing.

CRITICALCivil cases

All motions for summary disposition must be filed no later than 30 days after Case Evaluation.

All motions for summary disposition must be filed no later than 30 days after Case Evaluation.

CRITICALCivil cases

The Final Joint Pretrial Order is due at the date and time of the Final Joint Pretrial Conference.

A Final Joint Pretrial Order is due at the date and time set for your Final Joint Pretrial Conference.

CRITICALCivil cases

Proposed joint jury instructions and the proposed joint verdict form are due by 8:30 a.m. on the Thursday before trial.

Proposed joint jury instructions and proposed joint verdict form are due by 8:30 a.m. on the Thursday before trial.

CRITICALCivil cases

For a motion for reconsideration, the moving party must file a Praecipe selecting the next business day at 9:00 a.m. as the hearing date.

The moving party must file a praecipe and select the next business day at 9:00 a.m. as the hearing date in order to bring the motion to the Court’s attention.

CRITICALCivil cases

If facilitation occurs instead of Case Evaluation, motions for summary disposition must be filed within 30 days after facilitation.

If the case has been sent to facilitation in lieu of Case Evaluation, then all motions for summary disposition must be filed no later than 30 days after facilitation.

CRITICALCivil cases

If Case Evaluation is determined to be inappropriate, motions for summary disposition must be filed within 30 days after discovery closes.

If a determination has been made that Case Evaluation is not appropriate for your case, then all motions for summary disposition must be filed no later than 30 days after the close of discovery.

CRITICALCivil cases

Briefs for motions in limine are due one week before the hearing.

Briefs for any motions in limine are due one (1) week in advance of the hearing date.

CRITICALCivil cases

The moving party must select a Thursday hearing date at 11:00 a.m. that is at least 60 days after submitting the Praecipe.

When filing the praecipe, the moving party shall select a Thursday date, at 11:00 a.m., that is no less than 60 days from the date the praecipe is being submitted.

CRITICAL

Deadline

10 business days

Responses to summary-disposition motions are due 10 business days before the hearing, and replies are due three business days before the hearing.

Responsesare due 10 business days prior to the scheduled Hearing date for Motions for Summary Disposition, and Replies are due 3 business days prior. After the responsive pleading has been approved by the Clerk's Office, submit a "Judge's Copy" to JudgeMACox-Court@3rdcc.org. Exhibits attached to the Judge’s Copy are limited to 20 pages in total. Attach only Exhibits that are necessary to support your claims. Do not submit full transcripts, contracts, etc. with the Judge’s Copy. Highlight within them what pertains to your case. Complete exhibits should still be attached to the filed Response.

CRITICAL

File motions in limine at least two weeks before the Final Pre-Trial Conference.

Motions in Limine are generally scheduled with the Final Pre-Trial conference. Motions will need to be filed at least 2 weeks before that date.

CRITICAL

Deadline

3 business days

Answers to motions are due three business days before the scheduled motion hearing unless a different rule applies.

Answers to Motions are due 3 business days prior the schedule Motion hearing date unless otherwise specified below.

CRITICAL

Submit a Praecipe listing the scheduled date and time within three days after receiving the summary-disposition scheduling order.

Praecipes:Submit a Praecipe with the scheduled date and time within 3 days of receipt of the scheduling order.

CRITICAL

File summary-disposition motions within 30 days after discovery closes under the scheduling order or they are deemed waived.

Summary disposition motions MUST be filed within (30) days of the date that discovery is closed per the scheduling order or are deemed waived.

CRITICAL

Counsel must deliver two hard copies of the jury verdict form to the court and email a copy to the judicial attorney by the first day of trial.

By the first day of trial, counsel must deliver two hard copies to the court and email a copy to the judicial attorney.

CRITICAL

File stipulated orders opting out of case evaluation within 120 days of the first responsive pleading.

Stipulated orders must be filed w/in 120 days from the 1st responsive pleading pursuant to MCR 2.403 (A)(3).

CRITICAL

Any disagreement about jury instructions must be submitted in a motion before trial.

Any disagreements regarding JI shall be submitted in a motion before trial.

CRITICAL

Motions in limine must be filed at least three weeks before trial and will be heard on a Friday before trial.

Must be filed at least three weeks before trial, and will be heard on any Friday prior to trial.

CRITICAL

Complete facilitation by the scheduled case-evaluation date unless a motion for extension is filed.

The facilitation must be completed by date case evaluation was set unless a motion for extension was filed.

CRITICAL

By noon on the Thursday before trial, counsel must deliver two hard copies of the joint jury instructions to the courtroom and email a copy to the court clerk.

By 12:00pm Thursday before trial, counsel must deliver two hard copies to courtroom and email a copy to court clerk.

CRITICAL

Must be e-filed no later than 28 days after notice of trial and a minimum of 21 days before the hearing date unless otherwise ordered.

Must be e-filed no later than 28 days after notice of trial and a minimum of 21 days before the hearing date unless otherwise ordered.

CRITICALCivil cases

Trial briefs must be submitted no later than seven days before trial unless the Court orders otherwise.

Parties shall submit trial briefs (bound and tabbed) to the Court and to opposing counsel no later than seven (7) days before trial, unless otherwise ordered by the Court.

CRITICALCivil cases

For virtual hearings, documents and exhibits must be submitted to the Court at least two days before the hearing unless the Court or a scheduling order sets a different deadline.

For virtual hearings, all documents and exhibits shall be submitted to the Court and served on the other parties at least two (2) days before the hearing, unless a different deadline is set by the Court or by a specific scheduling order.

CRITICALCivil cases

Any visual aids must be set up by 8:30 a.m. on the trial date.

IT IS FURTHER ORDERED that visual aids, if any, must be set up by 8:30 a.m. on the date of trial.

CRITICALCivil cases

A stipulated order proposing an alternative ADR process must be filed within 120 days of the first responsive pleading.

Stipulated orders must be filed within 120 days of the first responsive pleading.

CRITICALCivil cases

Oral arguments on an appeal will not be heard later than six months after the filing date.

However, oral arguments will NOT be heard later than six months after the filing date.